With Schneiderman's Downfall, #MeToo Grips the Legal World
New York Attorney General Eric Schneiderman's resignation adds another name to the list of prominent male figures in the legal world who have fallen from grace in the wake of #MeToo.
May 08, 2018 at 05:41 PM
5 minute read
The original version of this story was published on The American Lawyer
|
When the #MeToo movement began last year following allegations of rampant sexual misconduct against former Hollywood heavyweight Harvey Weinstein, many observers wondered if or when similar allegations would start to strike at prominent lawyers and judges and make even the legal profession susceptible to the growing power of the movement.
They can stop wondering.
The career of New York Attorney General Eric Schneiderman ended abruptly this week after an in-depth article in The New Yorker detailed allegations that he had assaulted four women with whom the former state attorney general had romantic relationships or encounters.
But Schneiderman is not the first in the legal profession to fall at a time when #MeToo appears to have taken hold. Others, too, have stepped down after allegations of sex-tinged misconduct. The legal industry, it appears, is no longer immune to the force and weight of the #MeToo movement.
“We are seeing a sea change that is marked by a willingness to speak out, and a lessened fear that silence is the only option,” said Lauren Stiller Rikleen, a legal industry consultant focused on gender and generational issues who heads the Rikleen Institute for Strategic Leadership. ”We will definitely see a continuation of people choosing to come forward.”
Schneiderman announced Monday night that he would resign effective at the close of business on Tuesday. Before issuing his statement, he acknowledged involvement with the women but said he had “engaged in role-playing and other consensual sexual activity.” The women, who allege that Schneiderman choked or hit them, denied that the actions came as part of consensual sexual play.
Schneiderman had built a reputation as a top law enforcement figure and drew praise as a champion for women who doggedly investigated sexual harassment allegations against other men.
But months before Schneiderman's stunning downfall, the momentum of the #MeToo movement struck another prominent member of the legal profession: a previously well-regarded federal appeals court judge, Alex Kozinski.
Kozinski, a former judge at the U.S. Court of Appeals for the Ninth Circuit, retired in December after a number of women accused him of misconduct. The women, many of them former clerks of Kozinski's or another Ninth Circuit judge, said the jurist subjected them to overtly sexual comments or showed them pornography.
Then came William Voge, the former head of one of the world's largest and most profitable law firms. In March, former Latham & Watkins chairman Voge left his perch after exchanging inappropriate “communications of a sexual nature” with a woman outside the firm, according to a statement Latham released at the time.
While different circumstances precipitated their departures from prominent legal positions, the allegations against all three men became public in the wake of the #MeToo movement, which has created a heightened awareness of gender inequality and sexual harassment.
Domestic violence, sexual harassment, and sexual assault are not new, observers say. But the insistent demands of women in the #MeToo movement have emboldened women to come forward despite fear and threats. That they are now being heard and believed, with real consequences, is what is new.
Rikleen cautioned, however, that in the legal industry, significant obstacles often keep harassment and misconduct allegations out of public view. Among other concerns, she said, are someone might still keep quiet based on fears of retribution, losing a job or losing influence within a law firm.
She also noted that in many instances, sexual harassment claims are covered under law firm partnership agreements or other employment contracts, which might also make victims hesitant to step forward.
Rikleen cited recent news reports about mandatory arbitration agreements that some firms required their young lawyers to sign, diverting potential claims of sexual harassment into a private proceeding rather than a public court case. Munger, Tolles & Olson took heat for having summer associates sign such agreements.
“Those are pretty chilling documents at this point in time,” Rikleen said. “The institutional hurdles are still pretty steep.”
But in a sign that the public has grown less tolerant of such behavior, Munger Tolles did a quick about-face after a Harvard Law School lecturer called attention to the employment pacts. At least one other firm, Orrick, Herrington & Sutcliffe, also abandoned its use of arbitration agreements in the wake of the Munger Tolles debacle.
And even with the fear of retribution, losing a job or such obstacles as arbitration agreements, the revelations about Schneiderman and others can be viewed as a sign of change, Rikleen said. They indicate that at least some women in the orbit of powerful legal figures have become emboldened to step forward if they've been victimized.
“For so long, victims have felt that silence is the only alternative,” she said. “Now there's hope that speaking up may be another alternative.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'You Don't Know Everything': GCs Say Success Leading Nonlegal Functions Starts With Humility
5 minute readIn-House Leaders Trying to Contain Political Divisiveness Face Maze of Challenges
5 minute readTrending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250